Corporate Will

What Is A Corporate Will?

A corporate will (also known as secondary will) is a special tool for estate planning with respect to your business interest in a privately help company. A large driving factor for having a second will is to avoid the probate requirement and therefore the estate administration tax.

As an example, if you are a business owner, you can have two separate wills. One will would deal with personal assets and the other would deal with your corporate shares. Your personal will may need to be probated, while the corporate secondary will is designed specifically to avoid probate. This will allow you to transfer the shares legally to a new owner or to the beneficiary without being subject to the administrative tax (probate tax) which is calculated based on the fair market value of those shares at the time of death.

Things to keep in mind

Before swinging for the fences and going through the effort of drafting a corporate will, make sure you seek legal counsel to see if it is the right choice. While it may reduce some of the probate fees that your estate would be subjected to, it may not be a big enough reduction to make a difference. However, you may be able to include any real estate property owned in Ontario to the secondary will, and now it’s worth it. Avoid dying without a will.

Contact Hummingbird Lawyers today to see what your next estate planning step should be. The Wills & Estates team can sit down with you, crunch the numbers and see what your best course of action can be to protect your estate, your business assets and your loved ones.

Hummingbird Lawyers strategically assists businesses and individuals in the areas of corporate law, commercial and residential real estate transactions, wills and estates, employment law and commercial and family law litigation.

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Every employee has the right to a safe work environment. The Occupational Health and Safety Act (OHSA) addresses basic work-related rights, which include the right to refuse work that could affect the worker's health and safety.

If you have reasonable grounds to believe that the physical condition of the workplace may endanger you, you should certainly address this.

If you believe the work environment is unsafe, and there is a reasonable threat of contracting COVID-19, you should first report these concerns to your employer. The employer is required to investigate these concerns. If you are not satisfied with the investigation, you must notify the Ministry of Labour, Training, and Skills Development, which will designate an Inspector to investigate. During the Ministry’s investigation, safety is a priority and you may be required to work away from the office.

An employer cannot force an employee to work if that employee has exercised their right not to work.

Is My Employer Permitted To Notify Other Employees If I Test Positive For COVID-19?

Typically, an employer is required to keep all employee personal and health information confidential. If an employee has tested positive for COVID-19, the employer is permitted to inform the other employees of this. It is imperative that the other employees are made aware of their possible exposure. However, due to privacy law, the employer is not permitted to disclose the identity of the employee that tested positive for COVID-19.

It is important to note that an employer can require employees to report any symptoms that may be indicative of COVID-19. These symptoms include, but are not limited to: fever, cough, shortness of breath, and/or difficulty breathing. However, a request for employees to disclose additional personal information that is unrelated to the legitimate COVID-19 related interests would not be permitted.

Generally measuring an employee’s body temperature would be classified as a physical examination. Temperature screening involves taking someone’s temperature with a thermometer to assess the risk of that individual having COVID-19.

This poses an obvious question pertaining to privacy – Is this temperature screening for COVID-19 a matter of necessity?

With the ever-increasing data and information involving COVID-19, it is evident that an infection rate is a reasonable concern. As such, it may be reasonable for an employer to implement a temperature screening mechanism.

It is important to inform the employees by way of written notification of the necessity and the administration of the temperature assessment. Additionally, the temperature screening is to be conducted in the least intrusive manner, via infrared thermometers where contact is minimal.

The Government of Canada has announced several solutions to help stabilize the economy during this difficult time. A seventy-five percent wage subsidy is available to small and mid-size business owners/employers for up to three months.

You are an eligible business owner if you are: an individual, a partnership, a non-profit organization, a registered charity, or a Canadian-controlled private corporation eligible for the small business deduction.

It is important to note that in order to qualify, the business owner/employer must have an existing business number and a existing payroll account with the CRA as of March 18, 2020 and pays a salary, wage, bonus, or any other form of remuneration to an employee

Tensions are rising in the U.S. as protests regarding the death of George Floyd have spread throughout the country and around the world including Canada.

At this time we ask that everyone show compassion for our neighbours to the south and for the families of those affected by violence as we hope and pray for a future of peace, justice, and reconciliation.

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Ontario Law Simplified

How do Ontario’s laws affect you?

Most people will face a legal issue at some point in their lives. Some will involve normal life events, like purchasing a home or writing a will. Others can be more difficult, such as seeking compensation for injuries resulting from a work or car accident, or working out the consequences of separating from your partner.

Lawyers and licensed paralegals offer legal services to help you. These short Your Law videos are designed to help you learn how.

Law Services

Please note that during this period of social distancing and in an effort to protect both our clients and our staff, we will be closing our physical offices until further notice.We will continue to be fully operational during this time as our entire firm is able to work remotely (including phone, fax, and email).There may be some delays or changes in standard operating processes both internally and working within the larger judicial system (including other lawyers, law firms, courts, and government agencies). We will do our best to ensure that your matter is managed in the best possible manner, but we do appreciate your patience and cooperation during this time. We will have an attendant at the office regularly in order to manage physical mail and other hardcopy needs, but they will not be accepting any clients at this time and will not answer any front-door requests. Thank you for your understanding – Stay safe and healthy!